Legal contract rows soar and take longer to resolve

Aaron Morby 11 years ago
Share

Construction legal disputes have skyrocketed in average value and now take a third longer to resolve than they did in 2011.

According to an EC Harris study dispute values jumped from £6.6m in 2011 to £17.7m last year and now drag on four months longer than they did in 2011.

The firm said the sudden jump was likely to be been influenced by its team working on an unusually high number of disputes on major programmes of work.

Construction disputes now take on average 12.9 months to be settled compared to 8.7 months the year before.

The extended time it takes to resolve rows was put down to construction courts
now ordering mediation in the first instance in the majority of cases.

The most common cause of dispute was a failure to properly administer the contract.

    Top five causes of construction disputes

    1. Failure to properly administer the contract

    2. Failure to understand or comply with contractual obligations

    3. Employer imposed change

    4. Conflicting party interests

    5. Incomplete and/ or unsubstantiated claims

Taking the top five as a whole, disputes tend to be attributable to parties taking a less collaborative approach to projects than in other parts of the world.

For example, the employer imposing change and conflicting party interests feature highly.

One of the highest profile disputes last year involved the construction of the Shard in London. 

The dispute between steelwork companies Cleveland Bridge UK and Severfield-Rowen Structures first came to light in early 2010, but was only resolved in January 2013 following a lengthy dispute that ended up in the High Court.  

Cleveland Bridge was ultimately ordered to pay o £824,478 in damages to Severfield-Rowen for delays and defects which were estimated to cause a delay of 42 days on the Shard’s construction.

This year’s report Global Construction Disputes: A Longer Resolution also found greater joint venture working was leading to more disputes within project teams.

On the international stage, one in five disputes were driven by conflict within a joint venture team.

Gary Kitt, head of Contract Solutions, UK at EC Harris said: “Joint venture agreements are becoming more prevalent, particularly where a project is of such a large size and scale or there is a need because of licensing requirements for a local JV Partner.

“These JVs are causing a significant number of cases, so more needs to be done in order to ensure that the JV itself does not end up in dispute.”

Despite the increase in dispute values, the UK is still below the global average which stands at £20.4m.

The Middle East continued to experience the highest value disputes at £41.8m, whilst disputes in the US had the lowest value at £5.8m.

Latest news

Berkeley subbies face six weeks without payments

Introduction of new finance software means payment hiatus for suppliers
22 mins ago

Pagabo reveals 56 winners of latest £1.6bn retrofit deal

Decarbonisation Solutions Framework launched: Full list of winners
4 mins ago

Go-ahead for £100m Liverpool Love Lane flats

500-flat scheme will be built across four blocks in Vauxhall area of city
18 mins ago

Unions win HS2 site access battle at Old Oak Common job

Skanska, Costain, Strabag JV now the last denying unions access to HS2 sites
43 mins ago

Contractors jack 1,100t viaduct into place in 13-hour operation

158m-long composite deck structure jacked into place 10-hours ahead of schedule
16 mins ago

Wates wins former Daily Mail printworks transformation

British Land advances major cultural venue at London’s Canada Water
21 hours ago

Mace poaches Ramboll chief to be Head of Engineering

Martin Feakes will develop civil and structural engineering offer at Mace
20 hours ago

Subcontractors form alliance for major civils jobs

Trio of specialists join forces to collaborate and offer Tier 1 contractors a turnkey solution
1 day ago

Fear of supply chain failures boosting collaboration

Procurement survey also reveals project bank account use is rising
24 hours ago

Wates sets up business to target 160,000 mouldy social homes

Healthy Homes service will be offered to social landlords across England
1 day ago

Higgins wins £75m Peabody Passive House job

Latest phase of Deptford Landings to start construction
1 day ago

Contractors and unions agree Sizewell C working deal

New deal offers improved sick pay and parental leave over Hinkley Point deal
1 day ago

Competition chiefs win legal fight for more construction raids

High Court rules CMA officials can raid a domestic property as part of investigation
2 days ago

More Osborne companies file administration notices

Three more divisions lodge notices with court
2 days ago

McLaren wins multi-storey urban logistics contract

South London win with British Land is pioneering urban logistics hub
2 days ago

Big social housing schemes at risk over funding uncertainty

Housing associations warn uncertainty over public funding beyond 2026 is curbing new schemes
2 days ago

Kier wins Worcestershire town centre renewal

Firm secures Bromsgrove commercial and cultural hub project
2 days ago

BAM signs Kent school contract at £42m

Sevenoaks school rebuild signed off at £8m more than first estimates
2 days ago

RG Group signs £121m Newcastle rental homes job

Developer Olympian Homes advances 519 flats plan at Pottery Lane site
5 days ago

Geoffrey Osborne files administration notice

Contractor in talks to save parts of the business
5 days ago

Winners named for £260m Manchester Uni framework

B&K, Henry Bros, Graham, Robertson and Vinci among new line-up
5 days ago

Shed specialist Benniman rides out market lull

Worcestershire warehouse builder says industrial and logistics work is picking up again
5 days ago

Another contractor cleared after high profile immigration raid

Adana Construction employees were working legally on site swooped on by Home Office
5 days ago

McAleer & Rushe wants to meet new London suppliers

Contractor holding Meet the Buyer event in London: Register now
5 days ago

McAlpine signs £500m Broadgate dual towers deal

Work to start on iconic 36-storey and 21-storey towers
6 days ago

Worker rescued from collapsed four metre deep trench

Fire crews take six hours to save trapped builder near Blackwall Tunnel
6 days ago

Gove puts another major building scheme on hold

Secretary of State starts another planning fight after M&S defeat
7 days ago

Greenwich University tenders £300m framework

Up to five firms will carry out upgrade and newbuild work at three campuses
6 days ago

Work starts on Manchester 26-storey Obsidian tower

Contractor Domis starts Salboy's 10th Manchester scheme in seven years
6 days ago

Race for £1.3bn West Midlands social homes framework

The Community Housing Group reboots tender race for new build housing
6 days ago

Contractor services